TRILOKI MANDAR Vs. DUKHNI DEVI

JUDGEMENT

(1.) This appeal has been preferred by defendants first party and is directed against the preliminary decree in a suit for partition of joint family properties.

(2.) The parties belong to the family of one Ramesar Mandar who left behind three sons--Darbari, Banwari and Triloki. The appellants are Triloki and his sons. Dukhni (plaintiff) and Ratia (defendant second party) are the daughters of Banwari, whose widow was Mossomat Bhago. It is common ground that Darbari separated from the other two branches of the family sometime in 1939, and that Banwari and Triloki continued to remain joint.

(3.) The case set up by the plaintiff was that Banwari died in the year 1939 in state of jointness with Triloki and his sons, and his widow Mossomat Bhago died on the 29th June 1958. The plaintiff, therefore, claimed one fourth share in the joint family properties belonging to Banwari and Triloki, and the instituted the present suit for partition on the 23rd July 1958, implcading her sister Ratia as defendant second party.